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NY J80301

January 21, 2003

CLA-2-95:RR:NC:SP:225 J80301


TARIFF NO.: 9505.90.6000

Mr. Danny Gabriel
Import/Export Manager
Avon Products, Inc.
1251 Avenue of the Americas
New York, NY 10020

RE: The tariff classification of a “Halloween Lantern” from China.

Dear Mr. Gabriel:

In your letter dated January 14, 2003, you requested a tariff classification ruling.

The sample submitted, PP #258152, “Halloween Lantern”, is a set that consists of a 4-sided metal lantern with two sides depicting 3 stacked jack-o-lanterns and a bat, one side depicting a ghost, jack-o-lantern and black cat, and one side depicting a spider on a web. The jack-o-lanterns all feature cutout eyes, noses and mouths to allow candle light through, as does the roof which features cutouts of bats, stars, half-moons and assorted geometric designs. Inside the lantern is a circular metal container that is fitted for, and holds, a tealight candle. The lantern has a metal ring on top for hanging from a metal wire stand that measures approximately 10-1/2 inches in height and 5-1/2 inches in diameter at its circular base and is decorated with a metal jack-o-lantern, ghost, bat, and foliage.

Provided all the components are imported packaged together as a set for retail sale, without repacking, this office will consider the “Halloween Lantern” a set with the essential character imparted by the lantern. Additionally, since the lantern is decorated with recognized symbols of the Halloween holiday, such as jack-o-lanterns and ghosts, the article is classifiable as a festive article.

The applicable subheading for PP #258152, “Halloween Lantern”, will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other.” The rate of duty will be free.

You have asked whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

Your sample is being returned as requested.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alice Wong at 646-733-3026.


Robert B. Swierupski

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